What is meant by the term “fictional trademarks”? Why do we use fictional trademarks? Can a fictional trademark infringe third parties’ intellectual property rights? Or, on the other hand, can a real trademark infringe intellectual property rights within the context of a fictional world?
Our partner, Dr. Hugo Mersan, with the collaboration of Liliana Nolan, has recently written an article on the subject for the 2014 Edition of the Law Magazine of National University of Asuncion Law School, aiming at giving answers to the questions set above, in which the importance of consumers’ response to the utilization of fictional trademarks is emphasized, when analyzing the violation of intellectual property rights; in effect, it all seems to come down to the following question: will consumers be able to trace a link between the manufacturer/corporation and the producer/author by means of the disputed sign?
To read the article, click here.
The 2014 Edition of the National University – Law School Journal, which may be found here.